WHISTLEBLOWING - 07.02.2022

What does the Sue Gray report mean for your business?

Amongst the report’s general findings was that some employees had “wanted to raise concerns about behaviours they witnessed at work but at times felt unable to do so” . Although you’re under no legal obligation to have a written whistleblowing policy in place, it’s recommended you do so. You should establish a culture at work where employees feel comfortable about calling out misconduct and other wrongdoing, and your policy can be your starting point here as it can:

• help to ensure staff raise any complaints both internally and in a timely manner, enabling you to take swift action to address, say, any legal or regulatory breach, such as a health and safety failure
• cover consultants and contractors, as well as employees and workers
• set out the types of complaint that qualify for protection
• provide a clear procedure for staff to raise such complaints
• outline your investigation process following receipt of a complaint
• provide for appropriate action to be taken if wrongdoing is uncovered
• set out your zero-tolerance approach to retaliation against, or detrimental treatment of, whistleblowers.

However, having a policy on its own isn’t enough. It’s also important that you implement your policy through regular staff and management whistleblowing training. Some employers also have a “whistleblowing champion”, normally someone senior who is appointed to oversee the organisation’s whistleblowing policies and procedures, including checking that the processes in place are being effectively communicated and are working.